Assigned to JUD                                                                                                            AS PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1023

residential picketing; offense

Purpose

Determines that a person commits residential picketing if a reasonable person would find the picketer's actions to be harassing, threatening or alarming to a person in the residence or dwelling place and the picketing or demonstrating is intentionally directed at a person located in the residence or dwelling place at the time of the picketing or demonstrating.

Background

A person commits residential picketing if, with intent to harass, annoy or alarm another person, the person intentionally engages in picketing or otherwise demonstrates before or about the residence or dwelling place of an individual, unless the residence or dwelling place is also used as the principal place of business of the individual. Residential picketing is a class 3 misdemeanor (A.R.S. § 13-2909).

A class 3 misdemeanor carries a maximum imprisonment sentence of 30 days and a civil penalty of not more than $500 (A.R.S. §§ 13-707 and 13-802).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Determines that a person commits residential picketing if:

a) a reasonable person would find the picketing or demonstrating to be harassing, threatening or alarming to another person in the residence or dwelling place; and

b) the picketing or demonstrating is intentionally directed at a person located in the residence or dwelling place at the time of the picketing or demonstrating.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Requires picketing to be intended to threaten, or for a reasonable person to find an act of picketing to be threatening, rather than annoying, in order for the picketer to be guilty of a residential picketing violation.

Amendments Adopted by the House of Representatives

1. Specifies that a person commits residential picketing if, rather than only one of the following criteria applying, both of the following criteria apply:

a) the picketing or demonstrating is intentionally directed at a person located in the residence or dwelling place at the time of the picketing or demonstrating; and

b) if a reasonable person would find the picketer's actions to be harassing, threatening or alarming to a person in the residence or dwelling place.

2. Specifies that the person who is subjected to the residential picketing must be in their residence or dwelling place.

Senate Action House Action

JUD                 1/19/23     DP     5-2-0                    JUD                 3/8/23        DPA      7-0-0-1

3^rd Read           2/21/23                24-5-1                  3^rd Read           4/25/23                   42-10-7-0-1

Prepared by Senate Research

May 9, 2023

ZD/SB/sr